Wednesday, May 16, 2007

The internet has always posed privacy concerns, and Facebook is no exception. Searching the term “privacy” on Facebook’s search engine will generate over 500 groups that discuss everything from third party information sharing to the right to free speech. Included in these groups, is a note that has been circulating through “friends” which includes allegations that Facebook is connected to the Central Intelligence Agency and that Facebook is selling user information through a development platform.

Facebook’s Privacy Policy, which you accept by using or accessing Facebook, is probably not being read by a majority of users, which may be causing the confusion and hype. One research paper indicated that approximately 80% of facebook users have never read the privacy policy in spite of the fact that another paper indicated that 61% of users are “quite concerned” about privacy on the site. The same paper provides information on how to download vast amounts of data from Facebook and indicates that other persons have previously used the site to download information for various purposes.

1. A user has the option of inviting friends by email. Facebook keeps a copy of any email address that is used for invite purposes so that they may track the success of their referral program. You have the option of requesting that they remove this information from their system by contacting them.

2. Facebook may collect information about you from other sources (websites, links, blogs etc). They do so for the purposes of creating more “personalized features” for users.

3. Facebook will not knowingly collect information from anyone under the age of 13, or knowingly allow them to register. They recommend that minors between the ages of 13 and 18 obtain parental consent before registering.

4. Facebook blocks access to site information by third party search engines (“crawlers”). Accordingly, if someone googles your name, they should not be able to obtain a link to your user profile.

5. Facebook may use the information in your profile without identifying you as an individual to third parties. They do so for the purposes of personalizing advertising and promotions to users.

6. Facebook shares information with third parties only in “limited circumstances” where they believe such sharing is “reasonably necessary to offer the service”, “legally required” or “permitted by you”.

7. Facebook may share information with 3rd parties to facilitate business. This may allow 3rd parties access to your user content for a limited time in “connection with business activities”.

8. Third party advertisers may deliver advertisements directly to users. This allows them to collect your IP address and recognize your computer each time an advertisement is sent to you.

9. Removed information from your account, or deactivated accounts may be kept in backup copies for a “reasonable period” of time.

10. Facebook staff may access your user content if they have reason to believe you are violating the policies or terms of the site.

11. Facebook does not sell your information.

Facebook has also created a Facebook Platform which allows certain applications and sites to access your user content in a “limited fashion”. A list of these applications and sites is available through the Facebook Platform component of a user’s privacy settings. A user can choose to uncheck any information they do not was shared through the platform.

Facebook co-founder Chris Hughes has several times stated that Facebook is not “harvesting” information for any group or government agency. However, doubts remain, specifically with reference to numbers 6 and 7 listed above.

If like me, you’re a facebooker who is not quite ready to walk away from the site regardless of privacy issues, it is a good idea to both review Facebook’s privacy policy in full and ensure that your privacy settings are at a level that is comfortable for you.

The site’s extensive list of privacy settings, include who may search your name, and who can access specific information on your profile from your wall, to your photos, to your status updates. You can also create a limited profile, restricting certain people’s access to certain information. In light of the above, these privacy settings a certainly worth examination by every facebook user.

In addition to reviewing Facebook’s policies and available security settings, it is imperative to remember, that as stated in their privacy policy “You post user content at your own risk…please be aware that no security measures are perfect or impenetrable”.

The Ontario Human Rights Tribunal has ordered National Money Mart Company to pay $30,000 in compensation to a former, one-year employee of the company who had been subjected to ongoing, serious sexual harassment by her workplace supervisor.

With the Ontario Court of Appeal's June 25, 2009 ruling in Slepenkova v. Ivanov, it is now clear that the nearly-universal pronouncements by management lawyers as to the death of Wallace damages after Honda and Keays may have been a bit premature.

In Slepenkova, the Ontario appellate court upheld a two-month notice extension for an employer's bad faith termination, even though no evidence was led at trial as to the specific damages the employee directly incurred as a result of the bad faith. This appeared to place the trial Judge's decision at odds with the new Wallace test set out in Honda.

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Wise Law Blogfeatures timely articles on legal developments in Canada and the United States, along with commentary on Canadian politics, American politics, technology and noteworthy current affairs.

Launched on April 5, 2005, Wise Law Blog also highlights key decisions of Canadian courts, with focus on Ontario Family Law, Ontario Employment Law and other areas of interest.

Garry J. Wise is primary contributor to Wise Law Blog. He is a Canadian litigation lawyer who practices with Wise Law Office,Toronto. He is a graduate of Osgoode Hall Law School and was called to the Ontario Bar in 1986.

Garry's colleagues at Wise Law Office, as well as occasional guest bloggers, also contribute to Wise Law Blog.

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